Web Hosting and Domain Name Registrations
Terms and Conditions

Cyberteks Systems Corporation, operating as Cyberteks Design provide Web Development, Web hosting, Marketing, Search Engine Optimization and Domain Name Registrations. Our Company has certain legal and ethical responsibilities consisting with the use of its servers and any other equipment involved in these services.

Our general policy is to act as a provider of Internet presence. We reserve the right to suspend or cancel a customer's access to any or all services provided by us when we decide that the account has been inappropriately used. The customer will not be given FTP access to the servers.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited. Unauthorized use of other people's accounts or computers

IMPORTANT NOTE - We have the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined in this document.

Customers may not run IRC, bots or clients on Dedicated/shared servers. Accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual Displaying material containing obscene nudity or pornographic material Displaying material that exploits children under 18 years of age. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities. Domains are immediately deleted from our servers if they posses any pirated computer programs and accounts will be suspended without warning.

NOTE: ALL CONTENT UNDER THE DELETED DOMAIN WILL BE REMOVED (DESTROYED) WITH THE DELETION OF THE SAID DOMAIN HOSTING ANY WAREZ (PIRATED SOFTWARE)

Shared Hosting and FTP access : In shared hosting, there are hundreds of other website stored on the server. Hence, please note that we will not give you FTP access to the server.

You will receive a notice with your bandwidth usage on a monthly basis. You will have 4 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Cyberteks Systems Corporation, O/A Cyberteks Design has the sole decision to deactivate any and all servers.

We will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (Spam) are not allowed in e-mail, and will likely result in account cancellation.

We take a zero-tolerance approach to Spam originating from our servers or for Spam advertising of domains hosted on our servers.

Upon first notice of spamming all guarantees including the 30 day Guarantee are waved with NO REFUNDS AT ALL.

The following activities are not allowed:

Unsolicited bulk or commercial messages ("Spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth Spam will be terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").

Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through us (spamvertising), then the provisions of the above Policy shall apply as if the Spam were sent through our servers.

Emails sent from our servers must have valid reply email addresses and must be hosted with Cyberteks Systems Corporation, O/A Cyberteks Design.

Please be advised that if our servers are blocked because of you spamming you will be held liable and all fees occurred in the matter will be billed to your account and possible account termination with no refunds.

Domain Name Registration: WE currently register and transfer these domains under this plan.

.COM
.NET
.ORG
.INFO
.BIZ
.US
.CA
.CC
.US
.NAME
.CO.UK
.ORG.UK

Payment Obligations, Renewals, and Cancellations

Payment Obligations:

Full payment is required in advance, before hosting service is established. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be suspended. Once your account is suspended, you will need to pay $20 for the set up fee and the monthly fees to reopen the account. There is a $25 fee for bounced check. There is a charge for non fraud related chargebacks of $50 processing fee plus US or Canadian collection Agency fees for chargeback collections. There is a 10.00 charge for a second late payment and then each time after that.

Renewals:

Your account will be automatically renewed under the same time and fee structure unless you give written notice to Cyberteks Systems Corporation, O/A Cyberteks Design fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.

Cancellation

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if it institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

Domain Registration

There is no refunds at all on domain registration.

CGI Scripts

Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning(EX:adcycle ). Some scripts use too much system resources and must be on a dedicated server.

Scripts that scan us or dig into our server directories are not allowed. Your account can be immediately terminated with no refund. (EX: PHPShell).

Chat Rooms

We do not allow clients to install their own chat rooms within a shared hosting account without permission from us.

Adult Content

It is absolutely forbidden to host pornographic content on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Abuse of SMTP Mail Server

We do not allow clients to send more than 1,000 pieces of e-mail per day from a shared hosting account. If you are sending legitimate e-mails and they total more than 1,000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

Abuse and Profanity

We reserve the right to cancel any accounts for Harassing, abusing or using Profanities towards any members of our staff in any form.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Intellectual Property Rights

Material accessible to you through our services may be subject to protection under the United States/Canadian or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Our or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Our network. If you use a domain name in connection with our or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use our network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network or scripts that access any parts of our servers not usually available to clients without written consent. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products. You are also responsible for the security of any customer credit card numbers and related customer information.

IP Address Ownership

We maintain control and any ownership of any and all IP. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their e-mails, web content and information. We do not recommend you saving all your e-mails on the server. 10 Meg of space is given free of charge per e-mail account. If loss of data occurs due to an error of Cyberteks Systems Corporation, O/A Cyberteks Design, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, we will attempt to recover the data from the most recent archive at a charge of $30 per domain.

Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our server for lawful purpose. Transmission of any material in violation of any Federal, State, Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of our management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in London, Ontario, Canada any dispute will be litigated or arbitrated in London, Ontario, Canada. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in London courts. IN NO EVENT SHALL Cyberteks Systems Corporation, O/A Cyberteks Design'S MAXIMUM LIABILITY EXCEED FIFTY ($50.00) DOLLARS U.S.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD US HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST US, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Cyberteks Systems Corporation, O/A Cyberteks Design AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH OUR SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM OUR SERVER (5) ACT OF BANKRUPTCY BY A CLIENT OR RESELLER OF OUR SERVICES AND PRODUCTS.

Disclaimer

WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US AND OUR EMPLOYEES. WE RESERVE THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF OURS MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

We can help all the way
Cyberteks Design can help you. Please call 519-649-6572 or e-mail at kpeiris@cyberteks.net at any time for help.

 

 
 

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